South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives

Tuesday, March 6, 2001(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rep. MCGEE as follows:

Eternal Father, when the way is hard and the hours long, we come to You as our unfailing Helper who never leaves or forsakes us. When we become unmindful of You, remind us of Your nearness, Your wisdom, Your understanding. Take us as we are, reinforce us in the knowledge of Your past blessings, and use us in shaping those policies and programs for the well-being of Your people. We ask not to be delivered from our work, but for strength with which to do it. And to You, Lord God, shall be our praise and thanksgiving. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. SANDIFER moved that when the House adjourns, it adjourn in memory of H. Ross Davis, Sr., father of Representative Becky Meacham-Richardson, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 1, 2001
Mr. Speaker and Members of the House of Representatives:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Document No. 2595
Agency: Department of Labor, Licensing and Regulation
Board of Registration for Professional Engineers and Land Surveyors
Statutory Authority: 1976 Code Section 40-22-60
General Provisions, Requirements for Licensure, Continuing Professional Competency
Received by Speaker of the House of Representatives
February 1, 2001
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration June 1, 2001
20010301 Committee Request Withdrawal

120 Day Period Tolled
20010301 Withdrawn and Resubmitted

REPORTS OF STANDING COMMITTEE

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:

H. 3542 (Word version) -- Reps. Allison, Cotty, McCraw and J. R. Smith: A JOINT RESOLUTION TO PROVIDE THAT LAPSED FUNDS OF THE DEPARTMENT OF EDUCATION INCLUDING EIA FUNDS FOR FISCAL YEAR 2000-2001 AND PRIOR YEARS MUST BE USED BY THE DEPARTMENT FOR STIPULATED PRIORITY EXPENDITURES AND TO PROVIDE THAT FUNDS APPROPRIATED FOR EIA TEACHER SALARIES AND RELATED FRINGE BENEFITS ARE EXEMPT FROM ANY REQUIRED SPENDING REDUCTIONS.
Ordered for consideration tomorrow.

Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:

H. 3633 (Word version) -- Reps. D. C. Smith and J. R. Smith: A BILL TO AMEND SECTION 5-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT TAXES BY A MUNICIPALITY, SO AS TO PROVIDE THAT A DELINQUENT TAX SALE TO COLLECT MUNICIPAL TAXES AND HELD IN CONJUNCTION WITH A DELINQUENT TAX SALE TO COLLECT COUNTY TAXES MAY TAKE PLACE AT THE PUBLIC PLACE IN THE COUNTY THAT IS DESIGNATED BY THE COUNTY, INSTEAD OF BEING REQUIRED TO TAKE PLACE IN THE MUNICIPALITY.
Ordered for consideration tomorrow.

HOUSE RESOLUTION

On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:

H. 3658 (Word version) -- Reps. Jennings, Freeman, Hayes and Lucas: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WINNERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE ON THURSDAY, APRIL 26, 2001, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives be extended to the winners of the 2001 Jean Laney Harris Folk Heritage Awards and the Advisory Committee on Thursday, April 26, 2001, at 12:00 noon or a time to be determined by the Speaker, for the purpose of recognizing and congratulating the winners for their outstanding contributions to Folk Art in South Carolina.

The Resolution was adopted.

CONCURRENT RESOLUTION

On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:

H. 3659 (Word version) -- Reps. Jennings, Freeman, Hayes and Lucas: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 26, 2001, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER, AND TO RECOGNIZE AND COMMEND THE 2001 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

Whereas, in 1987, the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and

Whereas, the winners of the 2001 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly invite the winners of the 2001 Jean Laney Harris Folk Heritage Awards and the members of the 2001 Jean Laney Harris Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Thursday, April 26, 2001, or a time to be determined by the Speaker, and that the members of the General Assembly recognize and commend the 2001 Jean Laney Harris Folk Heritage Awards winners for their outstanding contributions to folk art in South Carolina.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 387 (Word version) -- Senators Branton, McConnell, Hayes, Mescher, J. V. Smith, Peeler, Ravenel, Grooms, Wilson, Alexander, Giese, Richardson, Ryberg, Ford, Passailaigue, O'Dell, Gregory, Fair, Leatherman, Bauer, Leventis, Thomas, Verdin, Ritchie and Martin: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO APPROPRIATE AND FUND THE 5.7 BILLION DOLLARS PLEDGED BY PRESIDENT GEORGE W. BUSH TO INCREASE THE PAY AND IMPROVE THE QUALITY OF LIFE OF THE BRAVE MEN AND WOMEN WHO VOLUNTEER AND SERVE IN THE ARMED FORCES OF THE UNITED STATES, TOGETHER WITH ALL SUMS NECESSARY TO MODERNIZE, INSURE MAXIMUM READINESS, AND ENABLE THE ARMED FORCES OF THE UNITED STATES TO MEET THE MODERN WARFARE AND TERRORIST CHALLENGES OF THE TWENTY-FIRST CENTURY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:

S. 399 (Word version) -- Senator McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT THE AFRICAN-AMERICAN HISTORY MONUMENT COMMISSION IS HEREBY REAUTHORIZED UNTIL JULY 1, 2001, IN ORDER TO PROVIDE FOR THE DEDICATION OF THE MONUMENT AND TO CONCLUDE THE AFFAIRS OF THE COMMISSION.

Be it resolved by the Senate, the House of Representatives concurring:

That the African-American History Monument Commission is hereby reauthorized until July 1, 2001, in order to provide for the dedication of the monument and to conclude the affairs of the Commission.

Be it further resolved that the General Assembly hereby ratifies any actions taken in furtherance of the monument project by the Chairman of the Commission between January 1, 2001, and the adoption of this resolution.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 400 (Word version) -- Senator Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE THE NATIONAL COALITION FOR STROKE PREVENTION AWARENESS FOR THEIR WORK TO INFORM THE PUBLIC ON THE BENEFITS OF LONG TERM STROKE PREVENTION AND FOR THEIR EFFORTS IN IMPROVING THE QUALITY OF LIFE FOR THOSE INDIVIDUALS WHO SUFFER STROKES EACH YEAR.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3660 (Word version) -- Reps. White, Haskins, Rice, Rivers, Stuart, Taylor, Trotter and Wilder: A BILL TO AMEND SECTION 56-5-2951, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE, PERMIT, OR NONRESIDENT OPERATING PRIVILEGE, OR THE DENIAL OF THE ISSUANCE OF A LICENSE OR PERMIT TO A PERSON WHO DRIVES A MOTOR VEHICLE AND REFUSES TO SUBMIT TO A TEST TO DETERMINE HIS ALCOHOL CONCENTRATION, OR WHO HAS A CERTAIN ALCOHOL CONCENTRATION, SO AS TO INCREASE THE FEE FOR A TEMPORARY ALCOHOL RESTRICTED LICENSE, TO DELETE THE PROVISION THAT REQUIRES THE DEPARTMENT OF PUBLIC SAFETY TO USE THE FEE FOR ADMINISTRATIVE COSTS ASSOCIATED WITH THE ISSUANCE OF TEMPORARY ALCOHOL DRIVER'S LICENSES, TO INCREASE THE FEE FOR A SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEE COLLECTED FOR A SPECIAL RESTRICTED DRIVER'S LICENSE.
Referred to Committee on Judiciary

H. 3661 (Word version) -- Reps. White, Owens, Rice, Rivers, Taylor, Trotter and Wilder: A BILL TO AMEND SECTION 56-1-745, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE DUE TO A CONVICTION FOR A CONTROLLED SUBSTANCE VIOLATION, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES, SO AS TO INCREASE THE FEE FOR A SPECIAL RESTRICTED DRIVER'S LICENSE AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEE.
Referred to Committee on Judiciary

H. 3662 (Word version) -- Reps. White, Haskins, Rice, Rivers, Sinclair, Stuart, Taylor, Trotter and Wilder: A BILL TO AMEND SECTION 56-1-746, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR OFFENSES RELATING TO THE POSSESSION, SALE, AND CONSUMPTION OF BEER, WINE, AND ALCOHOL, OR FOR UNLAWFUL USE OR ALTERATION OF A DRIVER'S LICENSE, AND THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE TO A PERSON UNDER CERTAIN CIRCUMSTANCES, SO AS TO INCREASE THE FEE FOR THE SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEE.
Referred to Committee on Judiciary

H. 3663 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 12-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO PROVIDE FOR THE ORDER IN WHICH FEDERAL ESTATE TAX CREDITS ARE APPLIED FOR PURPOSES OF DETERMINING A STATE ESTATE TAX LIABILITY.
Referred to Committee on Ways and Means

H. 3664 (Word version) -- Reps. Scarborough and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-75 SO AS TO PROVIDE THAT WHEN LAW ENFORCEMENT AUTHORITIES ARE SUMMONED TO A SCHOOL TO RESPOND TO REPORTS OF CRIMINAL ACTIVITY WHERE STUDENTS ARE POTENTIAL VICTIMS OF THE CRIMINAL ACTIVITY SUBJECTING THEM TO POSSIBLE SERIOUS BODILY INJURY OR DEATH, SCHOOL OFFICIALS MUST NOTIFY THE PUBLIC AND THE PARENTS OR GUARDIANS OF THE STUDENTS INVOLVED, THROUGH APPROPRIATE MEDIA OUTLETS, OF THIS SITUATION WITHIN THIRTY MINUTES OF SUMMONING LAW ENFORCEMENT AUTHORITIES, AND TO PROVIDE THAT WHERE WRITTEN COMMUNICATIONS ARE REGULARLY MADE BY A SCHOOL TO PARENTS THROUGH SUCH DEVICES AS NEWSLETTERS, A REPORT OF THE INCIDENT ALSO MUST BE INCLUDED IN THE NEXT EDITION FOLLOWING THE INCIDENT.
Referred to Committee on Judiciary

H. 3665 (Word version) -- Rep. Cato: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING SECTION 38-90-25 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO BE LICENSED TO WRITE REINSURANCE CONTRACTS IN SOUTH CAROLINA; BY ADDING SECTION 38-90-45 SO AS TO PROVIDE FOR MINIMUM CAPITALIZATION OR RESERVES FOR LICENSING OF A CAPTIVE REINSURANCE COMPANY; BY ADDING SECTION 38-90-55 SO AS TO REQUIRE THE INCORPORATION OF A CAPTIVE REINSURANCE COMPANY AS A STOCK INSURER; BY ADDING SECTION 38-90-75 SO AS TO PROVIDE FOR A CAPTIVE REINSURANCE COMPANY TO DISCOUNT ITS LOSS AND LOSS ADJUSTMENT EXPENSE RESERVES; BY ADDING SECTION 38-90-145 SO AS TO PROVIDE FOR AN ANNUAL CAPTIVE REINSURANCE TAX OF FIVE THOUSAND DOLLARS; BY ADDING SECTION 38-90-185 SO AS TO PROVIDE FOR IN-STATE MANAGEMENT OF THE ASSETS OF A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-10, RELATING TO DEFINITIONS FOR PURPOSES OF REGULATION OF CAPTIVE INSURANCE COMPANIES, SO AS TO PROVIDE DEFINITIONS FOR "CAPTIVE REINSURANCE COMPANY" AND CERTAIN ACCOUNTING TERMS; TO AMEND SECTION 38-90-70, RELATING TO FINANCIAL REPORTING TO THE DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE, SO AS TO REQUIRE AN ANNUAL REPORT FROM A CAPTIVE REINSURANCE COMPANY; TO AMEND SECTION 38-90-220, RELATING TO SPONSORS OF CAPTIVE INSURANCE COMPANIES, SO AS TO REQUIRE STATE LICENSING OR AUTHORIZATION OR, IN THE ALTERNATIVE, A TRUST FUND SECURING LOSSES; TO AMEND SECTION 38-10-10, RELATING TO THE PURPOSES OF ESTABLISHING PROTECTED CELLS OF A DOMESTIC INSURER, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 38-10-20, RELATING TO DEFINITIONS FOR PURPOSES OF PROTECTED CELL INSURANCE COMPANIES, SO AS TO INCLUDE A CAPTIVE INSURER; TO AMEND SECTION 10-7-10, AS AMENDED, SECTION 10-7-30, AND SECTION 10-7-40, ALL RELATING TO INSURANCE ON PUBLIC BUILDINGS AND CONTENTS OWNED BY THE STATE, THE SEVERAL COUNTIES, AND SCHOOL DISTRICTS, SO AS TO PROVIDE FOR INSURANCE BY DOMESTIC CAPTIVE COMPANIES LICENSED BY THE DEPARTMENT; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES, SO AS TO PROVIDE FOR DETERMINATION OF THE PREMIUM AMOUNTS BY A DOMESTIC CAPTIVE COMPANY LICENSED BY THE DEPARTMENT.
Referred to Committee on Labor, Commerce and Industry

H. 3666 (Word version) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE MAXIMUM NUMBER OF SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR SUCH AN ASSESSMENT RATIO.
Referred to Committee on Ways and Means

H. 3667 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO INCREASE FROM TEN TO SEVENTY-FIVE THE MAXIMUM NUMBER OF SHAREHOLDERS A CORPORATION MAY HAVE TO BE ELIGIBLE FOR THE FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY.
Referred to Committee on Ways and Means

H. 3668 (Word version) -- Reps. Jennings and Cato: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT ALL DOCUMENTS AND RECORDS OF AND INCIDENTAL TO AN AUTOPSY.
Rep. JENNINGS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. ALTMAN objected.
Referred to Committee on Judiciary

H. 3687 (Word version) -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING JULY 1, 2001, TO REGULATE THE EXPENDITURE OF THESE FUNDS, AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.
Without Reference

H. 3688 (Word version) -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS, ALLOW THE APPLICATION OF AMOUNTS AVAILABLE TO TWO AND FOUR-YEAR COLLEGES AND UNIVERSITIES FOR DEFERRED MAINTENANCE UNDER THESE AUTHORIZATIONS TO BE APPLIED TO CAPITAL PROJECTS AUTHORIZED FOR THESE INSTITUTIONS, SPECIFY ACTIONS OF THE JOINT BOND REVIEW COMMITTEE WITH RESPECT TO THESE BONDS, CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED IN THIS SECTION, TO PROVIDE FOR THE USE OF PROCEEDS OF ANY SALE OF THE PROPERTY OF THE CAROLINA FARMERS' MARKET AND ESTABLISH AN ACCOUNT TO RETAIN SUCH PROCEEDS, TO PROVIDE THAT THE PROVISIONS OF SECTION 2-7-105 OF THE 1976 CODE DO NOT APPLY TO THESE AUTHORIZATIONS, AND TO AMEND SECTION 11-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRUST FUND FOR TAX RELIEF, SO AS TO PROVIDE THAT REVENUES CREDITED TO THAT FUND FOR A FISCAL YEAR ARE DEEMED GENERAL FUND REVENUES FOR THE PURPOSES OF CALCULATING THE STATE'S CONSTITUTIONAL LIMIT ON BONDED INDEBTEDNESS, AND CALCULATING AMOUNTS REQUIRED TO BE CREDITED TO THE GENERAL RESERVE FUND AND CAPITAL RESERVE FUND.
Without Reference

H. 3689 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE A SUPPLEMENTAL APPROPRIATION FROM THE LOCAL GOVERNMENT FUND FOR FISCAL YEAR 2001-2002 ONLY, TO BE USED FOR THE SILVER CARD PROGRAM.
Without Reference

H. 3689--STATEMENT FOR THE JOURNAL

I wish the Journal to reflect that I oppose H. 3689 being reported out of the Ways and Means Committee.

Rep. William Clyburn Rep. Gilda Cobb-Hunter

Rep. Kenneth Kennedy Rep. Alfred B. Robinson, Jr.

Rep. Herb Kirsh Rep. Rex F. Rice

Rep. Bill Cotty

S. 135 (Word version) -- Senator Holland: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750, SO AS TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A PATIENT; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO HAVE SEXUAL CONTACT WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION; TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A PATIENT; AND TO PUNISH PSYCHOTHERAPISTS, ALCOHOL AND DRUG ABUSE COUNSELORS, AND OTHER CONFIDANTS WHO ENGAGE IN SEXUAL BATTERY WITH A FORMER PATIENT BY MEANS OF THERAPEUTIC DECEPTION.
Referred to Committee on Judiciary

S. 187 (Word version) -- Senators Rankin, Short and Hutto: A BILL TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT A CHILD FOUR YEARS OF AGE OR MORE WHO CANNOT SIT WITH THEIR BACKS STRAIGHT AGAINST THE VEHICLE SEAT BACK CUSHION WITH KNEES BENT OVER A VEHICLE'S SEAT EDGE MUST BE SECURED BY A BELT-POSITIONING BOOSTER SEAT PRESCRIBED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
Referred to Committee on Education and Public Works

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

The SPEAKER granted Rep. NEILSON a leave of absence for the week due to a car accident.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GILHAM a leave of absence for the week as a result of an injury from a fall.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MEACHAM-RICHARDSON a leave of absence due to the death of her father.

DOCTOR OF THE DAY

Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

H. 3309 (Word version) -- Reps. Cobb-Hunter and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20258SD01), which was adopted:
Amend the bill, as and if amended, by striking item (3) of Section 59-105-20 of the 1976 Code, as contained in Section 1, page 2, and inserting:

/(3) 'Institution of higher learning' or 'institution' means a public two-year or four-year college, community or junior college, technical school, or university located in this State, and also any private two-year or four-year college, community or junior college, technical school, or university located in this State which elects to be governed by this chapter./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3425--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3425 (Word version) -- Reps. Knotts, Rhoad, Whatley and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-202 SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPLEMENT AND ENFORCE THE FEDERAL EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986, TO ADOPT THIS FEDERAL LAW AS THE LAW OF THIS STATE, AND TO PROVIDE FOR AN EXCEPTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11311AC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 44-56-200 of the 1976 Code, as last amended by Act 258 of 2000, is further amended by adding at the end:

"(C) The provisions of Section 311(d) (42 USC 11021), as contained in the Emergency Planning and Community Right to Know Act of 1986 (Title III of the Superfund Amendments and Reauthorization Act, Public Law 99-499, October 17, 1986, as amended by Public Law 102-380, October 6, 1992), are incorporated by reference as the law of this State, except that for purposes of South Carolina law, the following is added at the end of Section 311(d), which was adopted:

'(3) An owner operator of a facility receiving hazardous chemicals under the Occupational Safety and Health Act of 1970, and regulations promulgated under that act, for which no previous material safety data sheets have been reported, as otherwise required under this act, shall provide material safety data sheets within three business days after receiving these hazardous chemicals on site. The material safety data sheets may be sent by personal delivery, by mail, by electronic mail, or by fax. For purposes of this section, material safety data sheets sent by mail are considered received as of the postmark date.'"
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KNOTTS explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3439--REQUESTS FOR DEBATE

The following Bill was taken up:

H. 3439 (Word version) -- Reps. Wilkins, Cato and White: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION IF THE PRINCIPAL ACTIVITIES OF THE UNION ARE PORTS-RELATED.

H. 3141 (Word version) -- Reps. Wilkins, Harrison, Delleney, Sandifer, Whatley, Simrill, Walker, Altman, Knotts and Thompson: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND REVISE THE COMPOSITION OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE COMMISSION WHOSE NAME HAS BEEN CHANGED TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND THE CONTENTS OF ITS ANNUAL REPORT; TO AMEND SECTION 24-26-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF GENERAL POLICIES AND APPROVAL OF ADVISORY GUIDELINES BY THE SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE COMMISSION'S ADVISORY GUIDELINES MUST BE APPROVED BY THE GENERAL ASSEMBLY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", TO AMEND TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES; AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22879CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This bill may be cited as the "South Carolina Truth in Sentencing Act." It applies to all criminal offenses in South Carolina except for those punishable by imprisonment in a local correctional facility for not more than ninety days, a sentence imposed pursuant to the Youthful Offender Act, or a sentence involving the shock Incarceration Program.
SECTION 2. Section 24-3-20(B) of the 1976 Code, as last amended by Act 406 of 1996, is further amended to read:

"(B) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:

(1) the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and

(2) the rates of pay and other conditions of employment willare not less than those paid and provided for work of similar nature in the locality in which the work is to be performed.

The department shall make reasonable efforts to notify victims registered pursuant to Article 15, Chapter 3, Title 16 and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.

NoA prisoner's place of confinement may not be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree; attempted criminal sexual conduct; assault with intent to commit criminal sexual conduct; criminal sexual conduct when the victim is his legal spouse; criminal sexual conduct with a minor; committing or attempting to commit a lewd act on a child; engaging a child for sexual performance; or spousal sexual battery. NoA prisoner who is serving a sentence for a "no parole offense" as defined in Section 24-13-100Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more and who is otherwise eligible for work release shall not have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125."
SECTION 3. Section 24-13-125 of the 1976 Code, as added by Act 83 of 1995, is amended to read:

"Section 24-13-125. (A) Notwithstanding any otheranother provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a 'no parole offense', as defined in Section 24-13-100,Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for work release until the prisoner has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, educational credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including anya portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.

(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.

(C)This section does not apply to a prisoner confined in a local correctional facility except a prisoner confined in a local facility pursuant to a designated facility agreement."
SECTION 4. Section 24-13-150 of the 1976 Code, as added by Act 83 of 1995, is amended to read:

"Section 24-13-150. (A) Notwithstanding any otheranother provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100an offense and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, educationeducational credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including anya portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.

(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.

(C)This section does not apply to a prisoner confined in a local correctional facility except a prisoner confined in a local facility pursuant to a designated facility agreement."
SECTION 5. Section 24-13-210 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-210. (A) A prisoner convicted of an offense against this State, except a 'no parole offense' as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.

(B) A prisoner convicted of a 'no parole offense'an offense against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of three days for each month served. However, noa prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is not entitled to credits under this provision. NoA prisoner convicted of a 'no parole offense' is not entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.

(C)(B) A prisoner convicted of an offense against this State and sentenced to a local correctional facility, or upon the public works of anya county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good conduct credits must be computed.

(D)(C) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.

(E)(D)AnyA person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior tobefore discharge from the criminal justice system.

(F)(E)No creditsCredits earned pursuant to this section may not be applied in a manner which would prevent full participation in the Department of Probation, Parole and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560."
SECTION 6. Section 24-13-230 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-230. (A) The Director of the Department of Corrections may allow any prisoner in the custody of the department, except a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days.

(B)The Director of the Department of Corrections may allow a prisoner in the custody of the department serving a sentence for a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of six days for every month he is employed or enrolled. However, noa prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is not entitled to credits under this provision. NoA prisoner convicted of a 'no parole offense' is not entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. A maximum annual credit for both work credit and educationeducational credit is limited to seventy-two days.

(C)(B)No creditsCredits earned pursuant to this section may not be applied in a manner which would prevent full participation in the Department of Probation, Parole and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.

(D)(C) The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment all or part of the work credit or educationeducational credit he has earned may be forfeited in the discretion of the official having charge of the prisoner.

(E)(D) The official in charge of a local detention or correctional facility to which persons convicted of offenses against the State are sentenced shall allow anyan inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.

(F)(E)(1) An individual is only eligible only for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.

(2) The educational credit provided for in this section, is not available to anyan individual convicted of a violent crime as defined in Section 16-1-60.

(G)(F) The South Carolina Department of Corrections may not pay any tuition for college courses."
SECTION 7. Section 24-13-430(2) of the 1976 Code is amended to read:

"(2) AnyAn inmate of the Department of Corrections, city or county jail, or public works of anya county thatwho participates in a riot or any other acts of violence shall be deemedis guilty of a felony and, upon conviction,shallmust be imprisoned for not less than five years nor more than tentwenty years."
SECTION 8. Section 24-13-650 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-650. NoAn offender committed to incarceration for a violent offense as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more may not be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Section 16-3-1530 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program."
SECTION 9. Section 24-13-710 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-710. The Department of Corrections and the Department of Probation, Parole and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a 'no parole offense' as defined in Section 24-13-100Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more, the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteensixteen as defined in Section 16-15-140 to be released on furlough prior tobefore parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Department of Probation, Parole and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments shall specify the responsibilities and authority for implementing and operating the program. InmatesAn inmate approved and placed on the program must be under the supervision of agents of the Department of Probation, Parole and Pardon Services who are responsible for ensuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements:

(1) maintain a clear disciplinary record for at least six months prior tobefore consideration for placement on the program;

(2) demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society;

(3) satisfy any other reasonable requirements imposed upon him by the Department of Corrections;

(4) have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;

(5) have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) as well as the sheriff's office of the place to be released before releasing inmatesan inmate through anya supervised furlough program.

These requirements do not apply to the crimes referred to in this section."
SECTION 10. Section 24-13-720 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-720. Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections who has not been convicted of a violent crime under the provisions of Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 mayClass A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more, within six months of the expiration of his sentence, may be placed with the program provided for in Section 24-13-710 and is subject to every rule, regulation, and condition of the program. NoAn inmate otherwise eligible under the provisions of this section for placement with the program may not be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior tobefore eligibility for placement with the program."
SECTION 11. Section 24-13-1310(1)(c) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"(c) who has not been convicted of a violent crime as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more;"
SECTION 12. Section 24-21-30 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-30. (A) A person who commits a 'no parole offense' as defined in Section 24-13-100an offense on or after the effective date of this section is not eligible for parole consideration, but.A person who is convicted of a Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more must complete a community supervision program as set forth in Section 24-21-560 prior tobefore his discharge from the sentence imposed by the court. For all offenders who are eligible for parole, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on these panels shallmust be periodically rotated periodically on a random basis by the chairman. At the meetings of the panels, anya unanimous vote shallmust be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. AnyA vote that is not unanimous shallmust not be considered as a decision of the board, and the matter shallmust be referred to the full board which shall decide it based on a vote of a majority of the membership.

(B) The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 before January 1, 1996, by a two-thirds vote of the full board unless prohibited by Section 24-21-640. The board may grant parole to an offender who commits a crime under Sections 16-11-312(B), 44-53-370(e)(1)(a)(1), 44-53-370(e)(2)(a)(1), 44-53-370(e)(4)(a)(1), 44-53-370(e)(5)(a)(1), or 44-53-375(C)(1)(a) before the effective date of this provision by a two-thirds majority vote of the full board.which is not included as a 'no parole offense' as defined in Section 24-13-100 on or afterthe effective date of this section by a two-thirdsmajority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 committed before the effective date of this provisionor a 'no parole offense' as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.

Nothing in this subsection may be construed to allow anya person who commits a 'no parole offense' as defined in Section 24-13-100an offense on or after the effective date of this section to be eligible for parole."
SECTION 13. Section 24-21-560 of the 1976 Code, as added by Act 83 of 1995, is amended to read:

"Section 24-21-560. (A) Notwithstanding any otheranother provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, anya sentence involving incarceration for a Class A, B, or C felony or a thirty-year murder sentence under Section 16-3-20for a 'no parole offense' as defined in Section 24-13-100 must include anya term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole and Pardon Services. NoA prisoner who is serving a sentence for a 'no parole offense' is not eligible to participate in a community supervision program until he has served the minimum period of incarceration as set forth in Section 24-13-150. A sentence for a term of incarceration less than twenty years imposed in general sessions court for a crime committed on or after the effective date of this provision, in the discretion of the sentencing judge, may include a requirement for completion of a community supervision program. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from early release, discharge, or work release by any otheranother provision of law to be eligible for early release, discharge, or work release.

(B) A community supervision program operated by the Department of Probation, Parole and Pardon Services must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shallmust be at the discretion of the department based upon guidelines developed by the director. A prisoner participating in a community supervision program must be supervised by a probation agent of the department. The department must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program satisfactorily, or whether a prisoner should appear before the court for revocation of the community supervision program.

(C) If the department determines that a prisoner has violated a term of the community supervision program and the community supervision should be revoked, a probation agent must initiate a proceeding in general sessions court. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. The court shall determine whether:

(1) the terms of the community supervision program are fair and reasonable;

(2) the prisoner has complied with the terms of the community supervision program;

(3) the prisoner should continue in the community supervision program under the current terms;

(4) the prisoner should continue in the community supervision program under other terms and conditions as the court considers appropriate;

(5) the prisoner has wilfully violated a term of the community supervision program.

If the court determines that a prisoner has willfully violated a term or condition of the community supervision program, the court may impose any other terms or conditions considered appropriate and may continue the prisoner on community supervision, or the court may revoke the prisoner's community supervision and impose a sentence of up to one year for violation of the community supervision program. However, the court may not impose a period of incarceration exceeding the length of time remaining on the original sentence. A prisoner who is incarcerated for revocation of the community supervision program is not eligible to earn any type of credits which would reduce the sentence for violation of the community supervision program.

(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration.

A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original 'no parole offense'the length of time remaining on the original sentence. The original term of incarceration does not include any portion of a suspended sentence.

If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any otheranother term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment.

(E) A prisoner who successfully completes a community supervision program pursuant to this section has satisfied his sentence and must be discharged from his sentence.

(F) The Department of Corrections must notify the Department of Probation, Parole and Pardon Services of the projected release date of anyan inmate serving a sentence for a 'no parole offense'Class A, B, or C felony, a thirty-year sentence for murder under Section 16-3-20, or a sentence in which community supervision is ordered one hundred eighty days in advance of his release to community supervision. For an offender sentenced to one hundred eighty days or less, the Department of Corrections immediately must notify the Department of Probation, Parole and Pardon Services.

(G) Victims registered pursuant to Section 16-3-1530(c) and the sheriff's office in the county where a prisoner sentenced for a 'no parole offense'Class A, B, or C felony or a thirty-year sentence for murder under Section 16-3-20, is to be released must be notified by the Department of Probation, Parole and Pardon Services when the prisoner is released to a community supervision program."
SECTION 14. Section 24-26-10(A) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(A) There is established the South Carolina Sentencing GuidelinesCriminal Justice Commission composed of thirteennineteen voting members as follows:

(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;

(2) two circuit court judges, appointed by the Chief Justice of the Supreme Court;

(3) three members of the Senate to be designated by the Chairmanchairman of the Senate Judiciary Committee;

(4) three members of the House designated by the Chairmanchairman of the House Judiciary Committee;

(5) an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;

(6) the Dean of the Law School of the University of South Carolina, or his designee;

(7) the South Carolina Attorney General, or his designee, to serve ex officio;

(8) a solicitor appointed by the ChairmanPresident of the South Carolina Circuit Solicitors' Association;

(9)an attorney, experienced in the practice of criminal defense, designated by the chairmen of the Senate and House Judiciary Committees from a list of candidates submitted by the President of the South Carolina Association of Criminal Defense Lawyers;

(10)the Chief of the State Law Enforcement Division, or his designee, to serve ex officio;

(11)the Chairman of the Commission on Appellate Defense, or his designee,who must be a member of that commission or who must be the director of the commission;

(12)the Chairman of the State Board of Corrections, or his designee,who must be a member of that board or who must be the Commissioner of the Department of Corrections;

(13)the Chairman of the Board of the Department of Probation, Parole and Pardon Services, or his designee, who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Probation, Parole and Pardon Services; and

(14)the Director of the State Office of Victims' Assistance."
SECTION 15. Section 24-26-20 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"The commission has the following duties and responsibilities:

(1) recommend advisory sentencing guidelines for the general sessions court for all offenses for which a term of imprisonment of more than one year is allowed.

(a)The guidelines must establish:

(i)the circumstances under which imprisonment of an offender is proper;

(ii)a range of fixed sentences for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;

(iii)a determination whether multiple sentences to terms of imprisonment must be ordered to run concurrently or consecutively.

(b)In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities;

(2)recommend appropriate advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of one year or less is allowed;

(3) recommend appropriate advisory guidelinessanctions for offenders for whom traditional imprisonment is not considered proper. Advisory guidelines promulgated by the commission for offenders for whom traditional imprisonment is not considered proper must make specific reference to noninstitutional sanctions;

(4)develop and recommend policies for preventing prison and jail overcrowding;

(5)examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding;

(2)establish goals and priorities for the reduction of crime and the improvement of the administration of justice in this State;

(3)cooperate with and render assistance to state and local governmental agencies and public or private agencies relating to the criminal justice system;

(4)evaluate and recommend means to improve the deterrent and rehabilitative capabilities of the criminal justice system;

(5)make inmate population computations for use in planning for the long-range needs of the criminal justice system;

(6) before January sixteenth of each year, prepare and submit to the Governor, the General Assembly, and the Chief Justice of the Supreme Court a comprehensive state criminal justice ten-year, five-year, and one-year plan for preventing prison and jail overcrowding. This plan must include, but is not limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release, and community service plans and the impact on prison populations, local communities, and court caseloads. The commission shall take into account state plans in the related areas of mental health and drug and alcohol abuse in the development of the planreport on criminal justice matters pertinent to sentencing;

(7) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make the information available to criminal justice agencies and members of the General Assembly;

(8) serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;

(9) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing."
SECTION 16. Section 24-26-50 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 24-26-50. The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-26-20 must be approved by the General Assembly."
SECTION 17. Sections 2-13-66, 16-1-90, 16-1-100, 16-1-110, and 24-13-100 of the 1976 Code areis repealed.
SECTION 18. Chapter 1, Title 25 of the 1976 Code is amended by adding:

"Article 25
Military Confinement

Section 25-1-3300. This article is known and may be cited as the South Carolina Truth in Military Confinement Act.

Section 25-1-3310. Military personnel subject to the Code of Military Justice as provided in this title who are sentenced to a period of confinement pursuant to a general, special, or summary court martial for a criminal or other offense which has been passed upon by the appropriate reviewing authority shall serve the full term of the confinement for which early release for any portion shall not be granted for any reason."
SECTION 19. If a section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declares that the provisions of this act are severable from each other.
SECTION 20. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 21. Sections 2, 3, 4, 17, 18, 19 14, 15, and 16 take effect upon approval by the Governor. The remainder of the act and the repeal of Section 24-13-100 take effect one year after approval by the Governor and apply to all crimes committed on and after that date. /
Renumber sections to conform.
Amend title to conform.

Rep. HARRISON explained the amendment.

Rep. SCOTT requested debate on the Bill.

The amendment was then adopted.

Rep. HARRISON explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary:

H. 3653 (Word version) -- Reps. Campsen and Harrison: A BILL TO AMEND SECTION 13-17-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT ITS PRINCIPAL OFFICE BE LOCATED IN COLUMBIA; TO AMEND SECTION 13-17-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD OF TRUSTEES, REPORTS, AND MEETINGS, SO AS TO PROVIDE THAT THE CHAIRMAN DETERMINES WHEN AND WHERE THE BOARD HOLDS ITS REGULAR MEETINGS; AND TO AMEND SECTION 13-17-60, RELATING TO THE AUTHORITY'S TECHNICAL ADVISORY BOARD, SO AS TO PROVIDE THAT ITS CHAIRMAN DETERMINES WHEN AND WHERE THE ADVISORY BOARD MEETS.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. FLEMING.

Rep. SCOTT moved that the House do now adjourn.

Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:

H. 3100 (Word version) -- Reps. Simrill and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-750 SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILLFULLY REPLACES A MOTOR VEHICLE'S INFLATABLE RESTRAINT SYSTEM WITH AN OBJECT WHICH IS NOT DESIGNED IN ACCORDANCE WITH FEDERAL SAFETY REGULATIONS IS GUILTY OF A CRIME, AND TO PROVIDE CERTAIN PENALTIES.

Rep. LOFTIS proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\AMEND\22882CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:

"Section 16-17-750. A person who knowingly and willfully with the intent to misrepresent replaces a motor vehicle's restraint system with an object which is not designed in accordance with federal safety regulations, or a person who knowingly and willfully misrepresents that, during the repair of a motor vehicle, an air bag, designed in accordance with federal safety regulations as a part of a vehicle inflatable restraint system, was installed or reinstalled is guilty of a:

(1) misdemeanor and must be imprisoned not more than three years, or fined not more than five thousand dollars, or both; or

(2) felony if a person's serious bodily injury is attributable to the object or misrepresentation, and must be imprisoned for ten years, or fined not more than ten thousand dollars, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. SIMRILL explained the amendment.
The amendment was then adopted.

Rep. RUTHERFORD proposed the following Amendment No. 4 (Doc Name COUNCIL\GGS\AMEND\22889CM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:

"Section 16-17-750. A person who knowingly and willfully with the intent to misrepresent replaces a motor vehicle's inflatable restraint system with an object which is not designed in accordance with federal safety regulations is guilty of a:

(1) misdemeanor and must be imprisoned not more than three years, or fined not more than five thousand dollars, or both;

(2) misdemeanor if a person's bodily injury is attributable to the object, and must be imprisoned not more than four years, or fined not more than seven thousand dollars, or both; or

(3) felony if a person's serious bodily injury is attributable to the object, and must be imprisoned for ten years, or fined not more than ten thousand dollars, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. RUTHERFORD explained the amendment.
The amendment was then adopted.

Rep. SIMRILL proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22877CM01), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:

"Section 16-17-750. A person who knowingly and willfully replaces a motor vehicle's restraint system with an object which is not designed in accordance with federal safety regulations, or a person who knowingly and wilfully misrepresents that, during the repair of a motor vehicle, an air bag, designed in accordance with federal safety regulations as a part of a vehicle inflatable restraint system, was installed or reinstalled is guilty of a:

(1) misdemeanor and must be imprisoned not more than three years, or fined not more than five thousand dollars, or both; or

(2) felony if a person's serious bodily injury is attributable to the object or misrepresentation, and must be imprisoned for ten years, or fined not more than ten thousand dollars, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.

Rep. SIMRILL moved to table the amendment, which was agreed to.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I was out of the Chamber when H. 3100 was up for the vote of passage. I support this legislation and would have voted to adopt it had I been in the Chamber to vote.

Rep. Mike Easterday

H. 3439--REQUEST FOR DEBATE AND INTERRUPTED DEBATE

The following Bill was taken up:

H. 3439 (Word version) -- Reps. Wilkins, Cato and White: A BILL TO AMEND SECTION 54-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF APPOINTMENT AND TERMS OF THE GOVERNING BOARD OF THE SOUTH CAROLINA PORTS AUTHORITY, SO AS TO PROVIDE THAT A PERSON MAY NOT BE APPOINTED OR CONTINUE TO SERVE ON THE BOARD, WHO IS OR BECOMES A MEMBER, ASSOCIATE, REPRESENTATIVE, OR EMPLOYEE OF A LABOR UNION IF THE PRINCIPAL ACTIVITIES OF THE UNION ARE PORTS-RELATED.

Rep. LAW explained the Bill.

Rep. MACK requested debate on the Bill.

Rep. LAW continued speaking.
Rep. COBB-HUNTER spoke against the Bill.

Rep. COBB-HUNTER relinquished the floor.

RECURRENCE TO THE MORNING HOUR

Rep. CATO moved that the House recur to the Morning Hour, which was agreed to.

Further proceedings were interrupted by the House recurring to the Morning Hour, the pending question being consideration of the Bill.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., March 6, 2001

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:15 p.m. today for the purpose of Ratifying Acts.

Very respectfully,

President

On motion of Rep. CATO the invitation was accepted.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3670 (Word version) -- Reps. McLeod, Harrison, Bales, Townsend, J. Brown, Wilder, Carnell, Kirsh, Meacham-Richardson, Cobb-Hunter, Koon, Frye, J. R. Smith, Littlejohn, Allen, Clyburn, Davenport, Delleney, Govan, Harvin, Hosey, Jennings, Kennedy, Limehouse, Lourie, Lucas, McCraw, Moody-Lawrence, J. H. Neal, Phillips, Rhoad, Rice, Riser, Rivers, Robinson, Scott, Simrill, J. E. Smith, Stille, Stuart and Weeks: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, SPECIAL PURPOSE DISTRICTS, AND OTHER POLITICAL SUBDIVISIONS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
Referred to Committee on Ways and Means

MOTION ADOPTED

Rep. CATO moved that upon the completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

RATIFICATION OF ACTS

At 1:15 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified:

(R14, S. 112 (Word version)) -- Senator Leventis: AN ACT TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL CLOSE PERMANENTLY THE SOUTHERN ACCESS OF ROAD 43-506 AT THE POINT WHERE IT INTERSECTS WITH ROAD 43-251 IN SUMTER COUNTY.

(R15, S. 198 (Word version)) -- Senators Leatherman, Martin, Giese, Mescher, McConnell, J. V. Smith, Thomas, Verdin, Richardson and Branton: AN ACT TO RATIFY AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY TO IMPOSE A SALES AND USE TAX TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, GENERAL AVIATION AIRCRAFT, BOATS, AND BOAT MOTORS FROM PROPERTY TAX LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.

(R16, S. 199 (Word version)) -- Senators Leatherman, Peeler, Giese, McConnell, Wilson, Mescher, Ravenel, Richardson, Waldrep, Branton, Ritchie, Martin, Alexander, Verdin, Grooms, Reese and Courson: AN ACT TO RATIFY AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A NEW CLASS OF PROPERTY CONSISTING OF PERSONAL MOTOR VEHICLES WHICH MUST BE TITLED BY A STATE OR FEDERAL AGENCY AND LIMITED TO PASSENGER MOTOR VEHICLES AND PICKUP TRUCKS AS DEFINED BY LAW ASSESSED FOR PROPERTY TAX AT NINE AND SEVENTY-FIVE HUNDREDTHS PERCENT OF FAIR MARKET VALUE REDUCED IN ANNUAL INCREMENTS OF SEVENTY-FIVE HUNDREDTHS OF ONE PERCENT OVER SIX YEARS TO A PERMANENT RATE OF SIX PERCENT OF FAIR MARKET VALUE AND TO PROVIDE THAT THESE REVISED ASSESSMENT RATIOS AND THE NEW CLASS OF PROPERTY APPLIES FOR PROPERTY TAX YEARS BEGINNING AFTER 2001 OR IN EARLIER TAX YEARS AS THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

(R17, S. 214 (Word version)) -- Senators Reese, Hawkins and Ritchie: AN ACT TO AMEND ACT 939 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE INMAN-CAMPOBELLO WATER DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF COMMISSIONERS SERVING ON THE INMAN-CAMPOBELLO WATER DISTRICT COMMISSION FROM THREE TO FIVE, TO DELETE AN OBSOLETE REFERENCE TO THE SPARTANBURG COUNTY DELEGATION'S SENATOR, TO DELETE A REFERENCE TO THE TERMS OF SERVICE FOR THE WATER DISTRICT'S ORIGINAL COMMISSIONERS, AND TO PROVIDE FOR THE TERMS OF SERVICE FOR THE TWO ADDITIONAL COMMISSIONERS.

(R18, S. 220 (Word version)) -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE APPEALS PROCEDURE FOR ACTIONS BY THE INTERNAL REVENUE SERVICE IN CONNECTION WITH THE SETOFF OF A DEBT AGAINST A TAXPAYER'S REFUND IS GOVERNED BY TITLE 26 OF THE UNITED STATES CODE, NOTWITHSTANDING THE PROCEDURE PRESCRIBED IN CHAPTER 56 OF TITLE 12 FOR THE SETOFF DEBT COLLECTION ACT.

(R19, H. 3109 (Word version)) -- Reps. J. Brown and Clyburn: AN ACT TO AMEND SECTION 40-15-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH DENTAL HYGIENISTS MAY MONITOR NITROUS OXIDE ANESTHESIA, SO AS TO APPLY SUCH MONITORING TO NITROUS OXIDE INHALATION CONSCIOUS SEDATION.

(R20, H. 3559 (Word version)) -- Rep. Miller: AN ACT TO AMEND SECTION 50-5-1505, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, TAKE AND SIZE LIMITS, AND TIMES FOR TAKING SHAD, HERRING, AND STURGEON, SO AS TO CHANGE THE TIMES FOR TAKING SHAD DURING SHAD SEASON IN A PORTION OF THE WINYAH BAY DRAINAGE SYSTEM FROM 7:00 A.M. TUESDAY TO MONDAY NOON AND IN A PORTION OF THE SANTEE RIVER BELOW U.S. HIGHWAY 41 BRIDGE SEAWARD FROM TUESDAY NOON TO SATURDAY NOON TO MONDAY NOON TO SATURDAY NOON.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3002 (Word version) -- Reps. Wilkins, Cato, Easterday, Hamilton, Leach, Loftis, Rice, F. N. Smith, Tripp, Vaughn, Littlejohn, J. Young and Simrill: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT I-85 AND WOODRUFF ROAD IN GREENVILLE COUNTY THE "TROOPER DAVID T. BAILEY MEMORIAL INTERCHANGE" IN MEMORY OF DAVID T. BAILEY, A SOUTH CAROLINA HIGHWAY PATROL TROOPER WHO WAS KILLED IN THE LINE OF DUTY WHILE ATTEMPTING A TRAFFIC STOP AT OR NEAR THE INTERCHANGE.

H. 3446 (Word version) -- Reps. Jennings and Freeman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 52 FROM KIMREY LANE THROUGH THE CASH COMMUNITY OF CHESTERFIELD COUNTY TO THE DARLINGTON COUNTY LINE AS THE "U.S. MARINE CORPORAL KELLY KEITH MEMORIAL HIGHWAY" IN MEMORY OF U.S. MARINE CORPORAL KELLY KEITH WHO WAS KILLED ON APRIL 9, 2000, WHEN THE MV-22 OSPREY, A COMBINATION HELICOPTER AND AIRPLANE FOR WHICH HE WAS THE CREW CHIEF, TRAGICALLY CRASHED IN ARIZONA WHILE ON A TRAINING EXERCISE, AND TO FURTHER REQUEST THE DEPARTMENT INSTALL APPROPRIATE MARKERS OR SIGNS AT PLACES ALONG THE HIGHWAY THAT THE DEPARTMENT CONSIDERS ADVISABLE CONTAINING THE WORDS "U.S. MARINE CORPORAL KELLY KEITH MEMORIAL HIGHWAY".

H. 3647 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION RECOGNIZING SOUTH CAROLINA'S MOTHER OF THE YEAR, MRS. JOYCE W. RHENEY OF ORANGEBURG COUNTY, AND EXPRESSING THE ADMIRATION AND GRATITUDE OF THE STATE OF SOUTH CAROLINA TO HER AND TO ALL THE STATE'S MOTHERS WHO MANAGE THIS VERY DEMANDING ROLE WITH STRENGTH AND LOVE.

ADJOURNMENT

At 1:30 p.m. the House, in accordance with the motion of Rep. SANDIFER, adjourned in memory of H. Ross Davis, Sr., father of Representative Becky Meacham-Richardson, to meet at 10:00 a.m. tomorrow.

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